[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8674-8675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02586]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2024-0035; FRL-11721-01-OCSPP]


DQB Males (Wolbachia pipientis, DQB Strain, Contained in Live 
Adult Culex quinquefasciatus Males); Receipt of Application for 
Emergency Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption renewal request from the 
Hawaii Department of Agriculture for use of the pesticide DQB Males 
(Wolbachia pipientis, DQB strain, contained in live adult Culex 
quinquefasciatus males), to treat up to 20,000 acres of State, Federal, 
and private wildlife conservation areas throughout the State of Hawaii 
to control Culex quinquefasciatus mosquitoes, a vector of avian 
malaria. The applicant proposes a new use of a microbial pesticide 
which has not been registered by EPA. Therefore, in accordance with the 
Code of Federal Regulations, EPA is soliciting public comment before 
making the decision whether to grant the exemption.

DATES: Comments must be received on or before February 23, 2024.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2024-0035, and the specific case number for the 
chemical substance related to your comment, through the Federal 
eRulemaking Portal at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. To make 
special arrangements for hand delivery or delivery of boxed 
information, please follow the instructions at https://www.epa.gov/dockets/contacts.html. Additional instructions on commenting or 
visiting the docket, along with more information about dockets 
generally, is available at https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Charles Smith, Registration Division 
(7505T), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone 
number: (703) 305-7090; email address: <a href="/cdn-cgi/l/email-protection#84d6c0c2d6caebf0ede7e1f7c4e1f4e5aae3ebf2"><span class="__cf_email__" data-cfemail="8ddfc9cbdfc3e2f9e4eee8fecde8fdeca3eae2fb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are a 
pesticide manufacturer, North American Industrial Classification System 
(NAICS) (Code 32532) or involved with Hawaiian wildlife conservation 
areas that have known populations of Culex quinquefasciatus. This 
listing is not intended to be exhaustive, but rather provides a guide 
to help readers determine whether this document applies to them. Other 
types of entities not listed could also be affected.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at https://www.epa.gov/dockets/commenting-epa-dockets.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low- income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 
population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. The Hawaii Department of 
Agriculture has requested the EPA Administrator to issue a specific 
exemption for the use of DQB males for conservation purposes to control 
mosquitoes (Culex quinquefasciatus), which are a known vector to avian 
malaria and threaten Hawaii's endemic forest bird population. 
Information in accordance with 40 CFR part 166 was submitted as part of 
this request.
    As part of this request, the applicant asserts that avian malaria 
was introduced into the Hawaiian Islands in the 19th century and spread 
by a non-native mosquito. Hawaii is experiencing increased mosquito 
populations that have significantly reduced Hawaiian bird populations. 
According to the applicant, without mosquito control, the survival and 
recovery of Hawaii's few remaining forest birds, including threatened 
and endangered species, are at imminent risk.
    The applicant proposes to make 156 maximum applications of DQB male 
mosquitoes per release site per year based on an anticipated maximum of 
3 releases per week. The total number of application days is a maximum 
of 156 during the year. The total amount of DQB Males to be applied per 
year to treat conservation lands throughout Hawaii is up to 3,000,000 
male mosquitoes per week or 156,000,000 males per year. The maximum 
amount of Wolbachia pipientis, DQB strain, to

[[Page 8675]]

be applied per year is up to ~1.83g/week or 95g/year.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a specific 
exemption proposing a new use of a microbial pesticide (i.e., an active 
ingredient) which has not been registered by EPA. The notice provides 
an opportunity for public comment on the application.
    The Agency will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemption requested by the Hawaii Department of Agriculture.
    Authority: 7 U.S.C. 136 et seq.

    Dated: February 1, 2024.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2024-02586 Filed 2-7-24; 8:45 am]
BILLING CODE 6560-50-P


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